Boorer v Brisbane City Council

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Boorer v Brisbane City Council [2016] QIRC 035

PARTIES:  

Boorer, Warren
(Applicant)

v

Brisbane City Council
(Respondent)

CASE NO:

TD/2015/82

PROCEEDING:

Application for Reinstatement

DELIVERED ON:

24 March 2016

HEARING DATES: 

18 -20 January 2016

HEARD AT:

Brisbane

MEMBER:

Deputy President Swan

ORDERS

1.       The application is dismissed.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION FOR REINSTATEMENT - electrician called out for work in bad weather - fallen electrical wires at Council Depot - applicant said he could not access the site - could also not undertake any electrical work because of risks involved - applicant failed to advise supervisors of actual situation at Depot - electrical damage at site not rectified until workers attended the site two days later - Council alleged breaches of policy by applicant and serious hazard on site negligently left unresolved - application dismissed.

CASES:

Industrial Relations Act 1999
Kioa v West (1985) 159 CLR 550 at 628-629
Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs [2000] FCA 1113
Coutts v Close [2014] FCA 19 at [114 - 120]

APPEARANCES:

Mr K. Watson, Counsel instructed by Moriarty and Associates for the Applicant.
Mr C. Murdoch, Counsel instructed by Brisbane Legal Practice for the Respondent.

Decision

1. Mr Warren Boorer (Mr Boorer/the Applicant) filed an application on 14 July 2015 seeking reinstatement to his former position as an electrician with the Brisbane City Council (the Respondent/Council) arising out of his dismissal effective on 25 June 2015.

Relevant Legislation

1. This Application is made pursuant to Chapter 3 of the Industrial Relations Act 1999 (the Act).

1. Section 73 of the Act relevantly provides:

"73    When is a dismissal unfair

(1)     A dismissal is unfair if it is -

(a)     harsh, unjust or unreasonable; or

(b)     for an invalid reason."

1. Section 77 of the Act provides as follows:

"77     Matters to be considered in deciding an application

In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider -

(a)     whether the employee was notified of the reason for dismissal; and

(b)     whether the dismissal related to -

(i)the operational requirements of the employer's undertaking, establishment or service; or

(ii)      the employee's conduct, capacity or performance; and

(c)     if the dismissal relates to the employee's conduct, capacity or performance ­

(i)whether the employee had been warned about the conduct, capacity or performance; or

(ii)whether the employee was given an opportunity to respond to the allegation about the conduct, capacity or performance; and

(d)       any other matters the commission considers relevant."

Witnesses

For the Applicant

·        Mr Warren Boorer - the applicant;

·        Mrs Robyn Boorer - applicant's wife.

For the Council

·        Mr Rodney Farrell - Assistant Facilities Manager for the Council;

·        Mr Anthony Loweke - Team Leader, Delivery Coordinator for Trade Services for the Council;

·        Mr Scott Woods - Senior Facility Manager for the Council;

·        Mr Gordon Herbert - Manager of Trade Services for the Council;

·        Ms Mica Julien - Executive…